The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1887-10-26
BREACH OF PROMISE.
The Case of Flora H. St. Clair vs.. W
NJ. Gibson ON Trial.

| erton.
Mr.. Neumann, counsel for defendant
moved that the case be postponed unit
after that of The King VS.. Lee An XII
robbery, had been heard. THE latter
case had been partly heard when one o
the Jury, H. Mcintyre, was taken sick
and had to go home.
Mr.. Kinney argued that if the sick
| iuryman was not able to attend the
breach of promise case should go on.
Mr.. Neumann claimed that if Mr.. Nc
Intyre was able to attend in the morning
the case of Lee All XII should proceed.
He was perfectly willing to go on with
the breach of promise case if Mcintyre
was not able TO come.
His Honor said that on the showing OF
DOCTORS certificate Mcintyre was con-
fined to his room and unable to attend.
An officer of the Court had been to see
Mcintyre and found he was not able to
attend at 10 o'clock, but might be able
to be out Wednesday morning. A man
charged with criminal offense, where
there is no bail, was entitled to trial be-
fore a civil case. If Mcintyre was able
to attend Wednesday morning he would
consider the ACCESSIBILITY of the case pro-
ceeding. If he could not attend then
the next case in order must go on.
Mr. Neumann said his motion was that
the robbery case be continued from to-
day until Wednesday morning.
His Honor-An officer tells me that
Mr.. Mcintyre can be here tomorrow; if
SO Lee All Aki will have his trial
After further argument the breach of
promise case was brought up and the
following jury called into the box: H.
S. Tregloan, III. Lose, T. W. Rawlins,
William Robson, E. 0. White, T. G.
Thrum, T. F. Lansing, A. L. Smith, H.
J. Hart, A. Mossman, w. Unger and G.
w. Nicoll.
Mr.. Kinney stated that it was in order
for any of the jury to say whether they
had any reasons for not sitting on the
case.
H. ]. Hart said he might be called as
witness.
Mr.. Neumann-I object to his being
excused.
Mr.. Kinney-Have you formed any
opinion, Mr.. Hart?
Mr.. Hart have 1 could not try the
case. My opinion is fixed.
The Court excused him and Thomas
Lindsay was called in his place.
Mr.. Kinney-Have you any reason fer
not sitting on the case, Mr.. Lindsay?
Mr.. Lindsay-None.
Mr.. Kinney-The jury is satisfactory
to the plaintiff.
Mr.. Hatch asked that the jury be
sworn, which was done by His Honor.
Mr.. Hatch then proceeded to put
number of questions to Lindsay, which
elected the following answers: l have
no personal feeling or hostility that would
affect this case. l took part in the late
movement for good government as a
member of the League. l am member
of an organization known as the League.
One object Of it was to remove incapable
officers. 1t was not directed particularly
to Mr.. Gibson.
Mr.. Kinney here objected to counsel
going into an investigation about the
League. He had no particular feeling
about it, and it was no disgrace to be-
long to that League.
Mr. Hatch thought the objection pre-
mature. He then asked Lindsey if that
was formed to remove Mr..
Gibson?
Mr.. Kinney object.
Mr.. Hatch-Our client is entitled to
be tried by unprejudiced jurors. When
that organization was largely directed
against the defendant we have right to
question the witness as he stated he
belonged to it. We want to find out
there was an hostile action by
this organization against the defendant.
Mr.. Kinney-This juryman should not
be saddled with the feelings of every
otfer man in the organization He is |
only responsible for what he thinks to-
day.
His Honor-Lindsey has said he was
4 member of the League. 1t was not the
object of other men but what effect the |
The object of the organization had upon
he juryman's mind to prejudice the
defendant. l allow the examination to
90 on.
Mr.. Hatch--We note exceptions to the
ruling. Turning to Lindsay, he asked
Was this organization directed against
MIR. Gibson as an individual?
Mr.. Lindsay No it was not.
Mr.. Hatch-Is it secret society?
Mr.. Kinney object There is law
against secret societies. 1t is question
hat may eliminate him.
His Honor-There is unquestionably
1 law against a man belonging to a